The Education (Independent Educational Provision in England) (Unsuitable Persons) Regulations 2009

Unsuitable persons: prescribed descriptions of directions, orders and decisions

3.  The following descriptions of directions, orders and decisions, made under the enactments prescribed, are prescribed for the purposes of section 119(2) of the 2008 Act—

(a) an order under section 100(2)(e)(1) of the Education (Scotland) Act 1980 (determination of complaints);

(b) a decision to include a person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999(2) (list of individuals unsuitable to work with children);

(c) an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000(3) (disqualification from working with children);

(d) a direction under section 142 of the Education Act 2002(4) given on the grounds that the person is unsuitable to work with children or otherwise having the effect of prohibiting a person from taking part in the management of an independent school (prohibition from teaching, etc.);

(e) a direction under section 167A of the Education Act 2002(5) (prohibition on participation in management of independent schools);

(f) a decision to include a person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children (Scotland) Act 2003(6) (list of individuals unsuitable to work with children);

(g) a decision to include a person (other than provisionally) in the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(7) (duty of Department to keep list);

(h) an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (disqualification of adults and juveniles from working with children);

(i) a decision to include a person in a barred list within the meaning in the Safeguarding Vulnerable Groups Act 2006(8);

(j) a decision to include a person on a list kept under section 1(1) of the Protection of Vulnerable Groups (Scotland) Act 2007(9) (duty of Scottish Ministers to keep lists);

(k) a decision to prohibit a person from teaching or working with children under regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007(10);

(l) a decision to include the person on a barred list within the meaning in Article 2(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(11);

(m) a direction under section 128 of the 2008 Act (prohibition on participation in management).

(1)

1980 c.44.

(2)

1999 c.14; section 1 was amended by the Care Standards Act 2000 (c.14), sections 95(2), 96(2), 97(2) and 98(4) and is repealed by the Safeguarding Vulnerable Groups Act 2006 (c.47), Schedule 9, paragraph 8(2) (“the 2006 Act”).

(3)

2000 c.43; sections 28, 29 and 29A are amended by the Constitutional Reform Act 2005 (c.4), Schedule 11, paragraph 35(a) and repealed by the 2006 Act, Schedule 10. Section 29A was inserted by the Criminal Justice Act 2003 (c.44), Schedule 30, paragraph 2.

(4)

2002 c.32; section 142 is repealed by Schedule 10 to the 2006 Act.

(5)

Section 167A is inserted by the Education and Inspections Act 2006, section 169 (c.4); subsection (6) is amended by paragraph 22 of Schedule 1 to that Act.

(6)

2003 asp 5; repealed by the Protection of Vulnerable Groups (Scotland) Act 2007, Schedule 4, paragraph 42 (asp 14).

(7)

S.I. 2003/417 (N.I. 4); the Order is repealed by the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Schedule 8.

(8)

See section 60(1) for the definition of “barred list”.

(9)

2007 asp 14.

(10)

S.R. 2007 No. 288.

(11)

S.I. 2007/1351 (N.I. 11).